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Read more from Founding Attorney, David Perecman.

Plumber Who Fell on Construction Site

Result: $2.1M Settlement Reached For Plumber Who Fell on Construction Site

The Perecman Firm, P.L.L.C. secured a $2.1 Million settlement on behalf
of a plumber’s assistant who blamed his construction-site fall on
debris and lack of maintenance.

David H. Perecman and Adam M. Hurwitz of The Perecman Firm, P.L.L.C. represented
a client who was injured while working as a plumber’s assistant
at a construction site in Queens.

As claimed in the lawsuit, filed in Queens County, the firm’s client
had been conducting an inspection of a building’s basement in May
2009 when he tripped and one of his legs fell into an uncovered hole.
As a result, he suffered an injury of the ankle, arthritis of the ankle,
and an injury to his back.

Injuries & Treatment

The firm’s client suffered a pilon fracture of his right ankle –
a type of comminuted fracture of the lowest portion of the tibia. He was
transported to a local hospital where the fracture was treated surgically
via open reduction and internal fixation. In October of the same year,
he underwent another surgical procedure to remove the fixation hardware.

The victim further claimed that following his injury, his ankle developed
residual arthritis which caused a limp and led to an injury of his back.
It was alleged the resulting pain from these injuries prevented his ability
to perform anything other than sporadic labor. It was further claimed
he would require surgery (fusion) of his right ankle, as well as physical
therapy, epidural injections, and steroid-based painkillers to treat his
back pain.

Claims

In pursuit of past and future medical bills, lost income and future earnings,
and past and future pain and suffering, a lawsuit was filed against several
defendants – the owner of the construction site, and the general
contractor for the construction project.

The defendants impleaded an additional defendant, a third-party contractor
which had been working on the site, alleging the subcontractor’s
employees negligently created a hazardous condition which caused the victim’s accident.

The victim claimed his injuries were caused by tripping over a cinder block
while he had been walking backward, and that the block had been discarded
by one of the subcontractor’s employees. He further claimed the
basement had insufficient lighting.

Attorneys Perecman and Hurwitz argued that the defendants violated New
York Labor Law – specifically:

Title 23, part 1.7(e)(2) of New York Codes, Rules, and Regulations, which
requires worksite floors to be free come any debris, materials or tools,
and sharp objects;

Labor Law § 241(6), which requires proper safeguards on worksites; and

Labor Law § 241(6), which defines general workplace safety guidelines.

In defense, defendants argued that the cinder block was an obvious condition
the victim should have been able to easily avoid, and that the accident
resulted from the victim’s failure to maintain a proper lookout.
Defendants also contended the victim could not prove the fall was caused
by a cinder block.

The subcontractor additionally contended it had completed its work on the
construction site months before the accident, and that the general contractor
was responsible for maintenance of the site thereafter.

Result

Defendants raised several arguments in their attempts to avoid liability,
and argued the victim exaggerated the severity of his injuries and disability,
did not develop arthritis, and achieved an excellent recovery that would
pose no barriers to his return to normal work.

Despite the arguments, the case built by Attorneys Perecman and Hurwitz
and the supporting evidence they gathered proved compelling. Ultimately,
a pretrial settlement was negotiated with the defendants’ insurers
agreeing to pay:

$150,000 (Subcontractor)

$1.95 Million (Premises Owner / General Contractor)

The total settlement amounted to $2.1 million.

The Perecman Firm, P.L.L.C. has cultivated a reputation for proven results in
construction accident cases, and has recovered millions in compensation for plumbers, carpenters,
and many other skilled tradesmen and union laborers. Learn more about
the firm’s
record of success.

The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have
recovered more than $500 million in verdicts and settlements for their
clients. We understand the financial and emotional toll a serious accident
can have on your life. That’s why we dedicate ourselves to maximizing
your recovery and securing what you deserve.